If the local inspector calls one of the points on their ‘checklist’ is the management of asbestos. It’s a fact that asbestos related diseases are responsible for 4,000 deaths a year and this figure is expected to rise in the next 10 years. The purpose of the asbestos regulations is to ensure that workers are not exposed to asbestos.
My personal view is that horses and stable doors spring to mind! It was well known in the early 1900’s that there were serious health issues associated with asbestos but we kept on using it till a ban was introduced for blue and brown asbestos in 1985 and for white asbestos in 1999. So unless you are in a building constructed or refurbished after 2000 you are most likely to have to manage asbestos.
The following applies to ALL businesses and the self employed.
The duty to manage
The duty to manage is directed at those who manage non-domestic premises: the people with responsibility for protecting others who work in such premises, or use them in other ways, from the risks to ill-health that exposure to asbestos causes.
The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006 requires the person who has the duty (i.e. the “duty holder”) to:
Take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
Presume materials contain asbestos unless there is strong evidence that they do not;
Make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials that are presumed to contain asbestos;
Assess the risk of anyone being exposed to fibres from the materials identified;
Prepare a plan that sets out in detail how the risks from these materials will be managed;
Take the necessary steps to put the plan into action;
Periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to co-operate as far as is necessary to allow the duty holder to comply with the above requirements.
Who has the duty?
In many cases, the duty holder is the person or organisation that has clear responsibility for the maintenance or repair of non-domestic premises through an explicit agreement such as a tenancy agreement or contract.
In some cases, there may be no tenancy agreement or contract. Or, if there is, it may not specify who has responsibility for the maintenance or repair of non-domestic premises. In these cases, or where the premises are unoccupied, the duty is placed on whoever has control of the premises, or part of the premises. Often this will be the owner.
What premises are affected?
The duty to manage covers all non-domestic premises. Such premises include all industrial, commercial or public buildings such as factories, warehouses, offices, shops, hospitals and schools.
Non-domestic premises also include those ‘common’ areas of certain domestic premises: purpose-built flats or houses converted into flats. The common areas of such domestic premises might include foyers, corridors, lifts and lift-shafts, staircases, roof spaces, gardens, yards, outhouses and garages – but would not include the flat itself. Such common areas would not include rooms within a private residence that are shared by more than one household such as bathrooms, kitchens etc in shared houses and communal dining rooms and lounges in sheltered accommodation.
There are three essential steps:
Find out whether the premises contains asbestos, and, if so, where it is and what condition it is in. If in doubt, materials must be presumed to contain asbestos;
Assess the risk; and
Make a plan to manage that risk and act on it.
Basic principles to remember:
Asbestos is only dangerous when disturbed. If it is safely managed and contained, it doesn’t present a health hazard;
Don’t remove asbestos unnecessarily – removing it can be more dangerous than leaving it in place and managing it;
Not all asbestos materials present the same risk. The measures that need to be taken for controlling the risks from materials such as pipe insulation are different from those needed in relation to asbestos cement;
Don’t assume you need to bring in a specialist in every case (for example, you can inspect your own building rather than employ a surveyor). But, if you do, make sure they are competent.
If you are unsure about whether certain materials contain asbestos you can presume they do and treat them as such;
Remember that the duty to manage is all about putting in place the practical steps necessary to protect maintenance workers and others from the risk of exposure to asbestos fibres. It is not about removing all asbestos.
If any ACMs need to be sealed, encapsulated or removed, remember you will need to employ a licensed contractor if the materials are high risk (e.g. pipe insulation and asbestos insulating panels). If the materials are lower risk (e.g. asbestos cement) then an unlicensed but competent contractor may carry out this work. Surveys / surveyors.
Remember, it’s ‘duty to manage’ not ‘duty to survey’.
Types of survey
Type 1: Location and assessment survey (presumptive survey)
In this type of survey no actual sampling is carried out, so there is no positive identification of ACMs. However, the purpose of the survey is to locate, as far as reasonably practicable, presumed ACMs and assess the extent of which they were used and their condition. In this case, you may find that you are bearing the cost for managing materials that do not contain asbestos, as you are presuming that any material, which can reasonably be expected to contain asbestos, does so, and treating it as such for future work. In this case you can only exclude materials if you are completely confident that they do not contain asbestos i.e. glass, metal or wood (although asbestos may be hidden by them).
During this survey all areas should be inspected as far as reasonably practicable or else must be presumed to contain asbestos. The condition of all materials that are presumed to be asbestos must be assessed.
Type 2: Standard sampling, identification and assessment survey (sampling survey).
The procedures used for this type of survey are the same as for a type 1, however in this case representative samples of the ACMs are collected and analysed to confirm or refute the suspected presence of asbestos. Sampling may take place simultaneously with the survey or be carried out after the type 1 survey is complete. Condition of the ACMs in question must also be assessed.
Type 3: Full access sampling and identification survey (pre-demolition/major refurbishment survey)
This survey may involve destructive inspection to gain access to all areas of the building to locate and describe, as far as reasonably practicable, all ACMs in the building. A full sampling programme is undertaken to identify ACMs and the extent to which they are used (volume and surface area). This type of survey is designed to be used as a basis for tendering the removal of ACMs before demolition or major refurbishment so an assessment of the condition of ACMs present is not necessary.
The HSE strongly recommends that an accredited surveyor is used for carrying out asbestos surveys.
Be safe
JB
